rochin v california case brief

558 results for rochin v california case brief

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  • 90 T.C. 237 (1988), 9382-83, Jerry R. v. C.I.R.

    ...Rina, resided in Sunset Beach, California, at the time he filed his petition. Petitioners, ...sec. 1001. The government's case rested heavily upon evidence, obtained pursuant ... Wolstencroft would be carrying in his briefcase. Agent Jaffe approved the basic outline of the ... Rochin v. California,. . 342 U.S. 165, 169-174 (1952). ...

  • 893 F.3d 504 (8th Cir. 2018), 16-4059, Dean v. Searcey

    ... attorneys appeared on the appellant brief; Jennifer M. Tomka,. of Lincoln, NE., ... .          This. case is familiar to us, as it is to Nebraskans and ... Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. ...

  • 280 F.2d 727 (9th Cir. 1960), 16590, Chavez v. Dickson

    ... v. . Fred R. DICKSON, Warden, California State Prison at San Quentin, California, ... were convicted had the effect in this case of depriving them of certain federally protected ... This is borne out by an examination of the briefs which were filed in the California Supreme Court ...330, 78 L.Ed. 674, followed in Rochin v. People of State of California, 342 U.S. 165, ...

  • 751 F.2d 1535 (11th Cir. 1985), 83-7535, Stoner v. Graddick

    ... was unconstitutionally applied to his case. We affirm. . FACTS.         Stoner ... bind judges in their judicial function." Rochin v. California, 342 U.S. 165, 170, 96 L.Ed. 183, ... pre-indictment delay claim which warrant brief discussion. Stoner asserts a general claim that ...

  • 573 F.2d 548 (9th Cir. 1977), 76-1274, Bouse v. Bussey

    ...per., submitted on briefs.         Paul N. Daigle, Portland, Ore., ... allegedly perpetrated by the police in this case as minor. It was sufficiently severe to ...California, 384 U.S. 757, 770, 86 S.Ct. 1826, 1835, 16 ...1826, 16 L.Ed.2d 908 (1966); Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...

  • 480 F.3d 960 (9th Cir. 2007), 98-99003, Comer v. Schriro

    ... proceedings has a long history which we briefly summarize below.           A. ...(federal courts have jurisdiction only over "cases and controversies" and lack jurisdiction over ... of his confinement in SMU I and California's Folsom Prison, 10 nor are they unique to ... with the most heinous offenses.' " Rochin v. California, 342 U.S. 165, 169, 72 S.Ct. 205, ...

  • 749 F.2d 934 (1st Cir. 1984), 83-1917, Marrapese v. State of R.I.

    ...Gen., Providence, R.I., was on brief, for defendants, appellants. ...'s application of the discovery rule in this case.         The district court's treatment ...' conduct "shocked the conscience," see Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...

  • Due process as separation of powers.

    ...Isaac Austin's Case 2. Holmes v. Walton 3. Trevett v. Weeden 4. ...Foy, (397) which we briefly cited as an application of the prospectivity ...California, (462) discussed below. (463) Two of the most ... this standard under the larger umbrella of Rochin v. California's "shocks the conscience" standard ...

  • 363 U.S. 420 (1960), 549, Hannah v. Larche

    ...         These cases involve the validity of certain Rules of ...1507] discretion of the Commission, brief and pertinent sworn statements for inclusion in ... by the forceful use of a stomach pump in Rochin v. California , 342 U.S. 165, but not when ...

  • 115 F.3d 1159 (4th Cir. 1997), 94-7120, Riley v. Dorton

    ...ON BRIEF: Michelle J. Anderson, Supervising Attorney, Mary ... to characterize this as an interrogation case. We hold that Riley's claims are properly ... arrest--what constitutes an arrest, California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 ... unlawfully entering his house and bedroom, Rochin...

  • 37 F.3d 700 (1st Cir. 1994), 93-2385, Beauchamp v. Murphy

    ...Gen., Boston, MA, was on brief, for appellant.         Joseph H. ... obliged, under the circumstances of this case, to give an escaped convict credit against his ... was arrested on federal charges in California. Shortly thereafter, Massachusetts learned of the ...Compare Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...

  • 379 U.S. 497 (1965), 38, City of El Paso v. Simmons

    ... for nonpayment of interest, and, in such case, the purchaser or his vendee could reinstate his ... questions under § 1254(2) were neither briefed nor argued in this case, and it is not ...The third case came here from the California courts, Aikins v. Kingsbury , 247 U.S. 484. ...533-535, infra. . 20 See, e.g., Rochin v. California , 342 U.S. 165, 174 (concurring ...

  • 34 F.3d 635 (8th Cir. 1994), 94-3095, Otey v. Stenberg

    ... Nebraska Supreme Court did not decide the case on this ground, and thus this statement is dicta. ... to seal the joint appendix and appellant's brief is denied; and.         5. the motion ... conduct that "shocks the conscience." Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...

  • 758 F.2d 1375 (10th Cir. 1985), 82-2447, Hewitt v. City of Truth or Consequences

    ... & Nelson, Santa Fe, N.M., with him on the brief), for plaintiffs-appellants. ...See, e.g., Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ... of the circumstances in the particular case. Id. at 170-72, 72 S.Ct. at 208-210. ...

  • 614 F.3d 942 (8th Cir. 2010), 08-3172, United States v. Dale

    ... (Alan Fester, Beverly Hills, CA, on the brief), for appellant Johnson. .           ... to explain the government's theory of the case.          * Anthony Smith testified he ... Rochin v. California, 342 U.S. 165, 172, 174, 72 S.Ct. ...

  • 675 F.2d 34 (2nd Cir. 1982), 860, United States v. Alexandro

    ...At the close of the Government's case, Alexandro moved to dismiss the Government's ...Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...         No more than a brief discussion is necessary to dispose of Alexandro's ...

  • 5 F.3d 1125 (8th Cir. 1993), 93-1050, Otey v. Hopkins

    ..., Lincoln, NE, argued (Don Stenberg on the brief), for appellee.         Before JOHN R. ... applications for clemency in capital cases, and only Otey and one other person were members ... conduct that "shocks the conscience." Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ...

  • 518 F.3d 832 (10th Cir. 2008), 06-4232, United States v. Thompson

    ...Parker and Sam Harkness with him on the briefs), of Snow, Christensen & Martineau, Salt Lake ...This was actually not the case, and when Allen Davis discovered that the payees ... (citing Rochin v. California, 342 U.S. 165, 172-74, 72 S.Ct. ...

  • 487 F.2d 101 (6th Cir. 1973), 72-2054, Kennedy v. Cardwell

    ...Geltner, Bruce Jacob, Columbus, Ohio, on brief, for petitioner-appellant;. . Joe McKeever, ...145, 99 L.Ed. 135 (1954). See Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 .... . . .          The case law dealing with the physical indicia of ...

  • 690 F.2d 470 (5th Cir. 1982), 81-2215, Horton v. Goose Creek Independent School Dist.

    ... originally published (677 F.2d 471) in this case is withdrawn, and the following opinion is ...California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 ... of the exigency of the circumstances); Rochin v. California, 342 U.S. 165, 172, 72 S.Ct. 205, ... We reject the suggestion in the defendant's brief that a putative representative must present proof ...

  • 212 F.3d 798 (3rd Cir. 2000), 98-5193, Nicini v. Morra

    ...Rodriguez Deputy Attorney General On the Brief Trenton, New Jersey 08625, Counsel for Appellee, ...Two DYFS caseworkers responded to JFK, and Nicini told them that he ...Lewis, 523 U.S. 833, 850 (1998); Rochin v. California, 342 U.S. 165, 172 (1952). Although ...

  • 902 F.3d 1136 (10th Cir. 2018), 16-7079, Halley v. Huckaby

    ...Fagan (John K.F. Langford with her on the briefs),. Assistant General Counsel, Oklahoma ... this case, asked whether she could help. Reed asked ... California, 572 U.S. 393, 134 S.Ct. 1683, 1688, 188 L.Ed.2d. ...-the-conscience test, first articulated in Rochin. v. California, 342 U.S. 165, 72 S.Ct. 205, ...

  • 980 F.2d 985 (5th Cir. 1992), 91-2891, United States v. Adekunle

    ... searches at the border had yielded only one case of ingested contraband. The government counters ...17 They rely on Rochin v. California 18 wherein the Court found that ... that he did not consent to the x-ray, his brief on appeal does not raise this argument. 17Masha ...

  • 740 F.2d 1104 (D.C. Cir. 1984), 78-1451, United States v. Byers

    ... McComas, Washington, D.C., were on the brief, for appellant.         John R. Fisher, ...         Trial of the case began on January 18, 1978. Appellant did not ...California, 384 U.S. 757, 764, 86 S.Ct. 1826, 1832, 16 ... 129 See Rochin v. California, 342 U.S. 165, 173, 72 S.Ct. 205, ...

  • 296 F.3d 638 (8th Cir. 2002), 00-1015, Moran v. Clarke

    ...After the plaintiff presented his case to a jury, the defendants made a motion for ..., e.g., Regents of the University of California v. Bakke, 438 U.S. 265, 305, 307, 98 S.Ct. 2733, ...at 721, 117 S.Ct. 2258. Moran's briefs to the panel paid no attention to this issue, ..., id.; to bodily integrity, Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 ...